Circular No. 06/2006/TT-BTP guides certain issues regarding the authority, procedures, and formalities for registering and providing information on secured transactions at the Registration Center of the National Office of Secured Transactions under the Ministry of Justice.

CIRCULAR

Guidelines on certain issues regarding authority, procedures, and formalities for registration,

providing information on secured transactions at the Registration Center for Secured Transactions, assets

under the National Registration Agency for Secured Transactions of the Ministry of Justice

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Based on the Civil Code dated June 14, 2005;

Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 08/2000/NĐ-CP dated March 10, 2000 of the Government on registration of secured transactions;

To ensure uniformity in the implementation of registration of secured transactions, the Ministry of Justice provides guidelines on certain issues regarding authority, procedures, and formalities for registration, and provision of information on secured transactions at the Registration Centers for Secured Transactions, assets under the National Registration Agency for Secured Transactions of the Ministry of Justice as follows:

I. GENERAL PROVISIONS

b) In cases where funds from organizations and individuals within and outside Vietnam are used for victim support work and victim support benefits, such activities shall be carried out in accordance with the regulations of the Ministry of Finance and the donor; in cases where there is no agreement between the donor or their authorized representative and the Ministry of Finance regarding the expenditure level, the expenditure level prescribed in this Circular shall apply.

This Circular guides the following matters:

1.1. Authority, tasks, and powers of the Registration Centers for Secured Transactions (hereinafter referred to as the Registration Centers) under the National Registration Agency for Secured Transactions of the Ministry of Justice in the registration and provision of information on secured transactions;

1.2. Procedures and formalities for registration and provision of information on secured transactions carried out at the Registration Centers.

This Circular does not guide the procedures and formalities for registration and provision of information on secured transactions through electronic means.

2. Cases for registration at the Registration Centers

2.1. Cases for registration at the Registration Centers include:

a) The mortgage of assets, including future assets, mortgage of assets to secure future obligations (hereinafter collectively referred to as secured transactions);

b) Changes, corrections of errors, extensions, cancellations of registrations of asset mortgages as specified in point 2.1.a of this clause;

c) Notifications of asset disposal concerning secured transactions that have been registered;

d) Other cases of registration if prescribed by law.

2.2. Secured assets under the cases specified in point 2.1 of this clause include the following assets, except aircraft, ships, land use rights, houses, other architectural works, trees, perennial plants:

a) Cars, motorcycles, other motorized vehicles on land; railway transportation means;

b) Fishing boats; inland waterway transportation means;

c) Machinery, equipment, production lines, raw materials, fuel, materials, consumer goods, other goods, precious metals, gemstones;

d) Vietnamese currency, foreign currency;

đ) Shares, bonds, promissory notes, bills of exchange, certificates of deposit, checks, and other negotiable instruments as prescribed by law, with value convertible to money and permitted for trading;

e) Property rights arising from copyright, industrial property rights, rights over plant varieties; claims, other property rights belonging to the guarantor arising from contracts or other legal grounds;

g) Property rights in the contributed capital in enterprises;

h) Rights to exploit natural resources used to secure the performance of civil obligations as prescribed by law;

i) Income, rights to receive insurance payments for secured assets or other benefits derived from the secured assets specified in point 2.2 of this clause;

k) Other chattels as prescribed in Clause 2 of Article 174 of the Civil Code;

l) Assets attached to land as prescribed in Clause 3, Section I of Circular Joint No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005 of the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the registration of mortgages and guarantees by land use rights and assets attached to land.

3. Scope of authority of the Registration Centers

3.1. Registration Centers established in certain localities pursuant to the decision of the Minister of Justice have the authority to register and provide information on secured transactions upon request of individuals and organizations within the entire country, regardless of administrative jurisdiction where the Registration Centers are located.

Individuals and organizations as prescribed in Clause 6 of this Article have the right to choose to request one of the Registration Centers to carry out the registration of secured transactions.

All individuals and organizations have the right to choose to request one of the Registration Centers to provide information on secured transactions.

3.2. The registration and provision of information at the Registration Centers have equal legal effect.

4. Tasks and powers of the Registration Centers in the registration and provision of information on secured transactions

4.1. The Registration Centers have the following tasks and powers in the registration of secured transactions:

a) Registering the cases as prescribed in Clause 2 of this Article;

b) Certifying the registration of secured transactions, changes to the contents of registered secured transactions, extensions of secured transactions, corrections of errors, cancellations of secured transaction registrations, notifications of asset disposal; issuing copies of the certified documents mentioned above;

c) Notifying co-guarantors about the disposal of secured assets;

d) Collecting registration fees;

đ) Refusing to accept requests and stating the reasons for refusal when there is one of the bases prescribed in point 10.1 of Clause 10 of this Article;

e) Storing files, documents, preserving the information that has been registered;

g) Other tasks and powers as prescribed by law.

4.2. The Registration Centers have the following tasks and powers in the provision of information on secured transactions:

a) Providing information on secured transactions stored in the National Database of Secured Transactions;

b) Collecting fees for information provision;

c) Refusing to provide information on secured transactions when there is one of the bases prescribed in point 10.2 of Clause 10 of this Article.

5. Responsibilities of the Registration Officer

5.1. Implementing registration and information provision according to the deadlines, procedures, and formalities prescribed in this Circular.

5.2. Registering accurately the contents declared in the registration request form.

5.3. In case the Registration Officer registers inaccurately the contents declared in the registration request form causing damage, they must compensate according to the provisions of the law on the liability for compensation of damage by officials.

6. Requesters for registration

6.1. The requester for registration may be the guarantor, the creditor, or the Manager of the Asset Management and Liquidation Group of the creditor enterprise or cooperative in bankruptcy, or a person authorized by one of these subjects. In the event of a change in the guarantor or creditor, the new guarantor or creditor may also be the requester for registration of the change.

6.2. In case the person requesting registration is the authorized representative, they must submit the power of attorney (original) when making the request for registration, except in the following cases:

a) A legal entity authorizes its branch, representative office, or management office to make the request for registration;

b) The guarantor party or the party receiving the guarantee includes multiple organizations or individuals who authorize one of them to make the request for registration;

c) The authorized representative requesting registration is a regular customer of the Registration Center.

7. Responsibilities of the person requesting registration

7.1. The person requesting registration must fully declare all items required to be declared in the application form for registration according to the model issued together with this Circular. The declaration content must be accurate, truthful, and consistent with the agreement of the parties regarding the secured transaction.

7.2. In case the person requesting registration declares inaccurate, untruthful, or inconsistent content with the agreement of the parties regarding the secured transaction, causing damage, they must compensate the damaged party. The parties involved in the secured transaction shall bear responsibility for any violation of the law in their transaction.

7.3. The person requesting registration must pay the registration fee.

8. Time of registration for secured transactions

8.1. The time of registration for secured transactions is the time when the Registration Center receives a valid Application for Registration of Secured Transactions.

8.2. The time of registration for secured transactions in the following cases is calculated as follows:

a) In case the person requesting registration has a request to correct errors in the application regarding the name or number of the legal status identification document of the guarantor or incorrectly declared according to the guidance at Clause 9 of this Section, the registration time for the secured transaction is the time when the Registration Center receives a valid Request to Correct Errors;

b) In case the person requesting registration has a request to correct errors in the application regarding the collateral asset, the registration time for that part of the collateral asset is the time when the Registration Center receives a valid Request to Correct Errors;

c) In case the person requesting registration has a request to register changes to the already registered content, the change registration time remains the time when the registration authority receives the application according to the provision at Point 8.1 of this Clause; if there is a request to supplement collateral assets, the registration time for the supplementary collateral asset is the time when the Registration Center receives a valid Request to Change Registered Content;

d) In case the person requesting registration has a request to correct errors caused by the Registration Officer, the registration time is the time when the registration authority receives the application according to the provision at Point 8.1 of this Clause.

8.3. The time of receipt of the application for registration is determined as follows:

a) In case the application is submitted directly or sent through postal service, the registration time is the time when the Registration Center receives the application;

b) In case the application is sent via fax during the working hours of the Registration Center, the registration time is the time when the fax is received; if the application is sent via fax outside the working hours of the Registration Center, the registration time is the start of the next working session.

8.4. A valid application for registration is an application that fully declares all required contents in the specified sections.

9. Guidelines for declaring the application for registration

9.1. For Vietnamese citizens: fully declare full name according to the Identity Card; Identity Card number or one of the following documents if there is no Identity Card:

a) Officer Identification Card, Military Identification Card;

b) Police Identification Card, National Security Identification Card, Work Certificate in the People's Public Security Force.

9.2. For foreign individuals: fully declare full name according to Passport; Passport number.

9.3. For stateless individuals residing in Vietnam: fully declare full name according to Permanent Resident Card; Permanent Resident Card number.

9.4. For organizations established under Vietnamese law:

a) For entities with business registration: declare the name according to the Business Registration Certificate, Business Registration Certificate number.

b) For entities without business registration: declare the name according to the Establishment Decision or Investment License (if it is a foreign-invested enterprise), Establishment Decision number or Investment License number.

c) For branches, representative offices, management offices entering into secured transactions on behalf of the entity: declare the entity as a participant in the secured transaction according to the guidelines at Points 9.4.a and 9.4.b of this Clause; it is not mandatory to declare the branch, representative office, or management office that entered into the secured transaction on behalf of the entity.

In case the organization entering into a secured transaction is a branch, trading office, branch office, or other affiliated unit of a credit institution, only the declaration about the branch, trading office, branch office, or affiliated unit is required.

d) For individual businesses, private enterprises, or other non-legal entities (excluding branches, representative offices, and management offices of entities) entering into secured transactions: declare the participant in the secured transaction as the head of the household, owner of the private enterprise, or legal representative of the organization according to the guidelines at Points 9.1, 9.2, and 9.3 of this Clause; it is not mandatory to declare the individual business, private enterprise, or other non-legal entity.

9.5. For organizations established and operating under foreign law:

Declare the name registered with the competent foreign authority and declare the type of certificate, establishment or operation document according to the regulations of that country, if applicable. In case the registered name of the organization is not written in Latin script, declare the trading name in English.

9.6. Information declared according to the types of documents stipulated at Points 9.1, 9.2, 9.3, 9.4, and 9.5 of this Clause (hereinafter referred to collectively as legal status identification documents) must be complete and accurate according to the content recorded on these documents, and the names of the parties participating in the secured transaction must not be abbreviated when declaring.

The person requesting registration fails to declare according to other documents, except for the types of documents determining legal status.

9.7. Sign the Application for Registration:

a) The Application for Registration must be fully signed and stamped (if applicable) by the organization or individual participating in the secured transaction or by the person authorized by them; by the Head of the Asset Management and Liquidation Team or by the person authorized by them, in case the Head of the Asset Management and Liquidation Team is the person requesting registration.

b) The Application for Registration only needs to be signed and stamped (if applicable) by one of the parties participating in the secured transaction or by the person authorized by that party, if one of the parties does not sign the Application for Registration. In this case, the person requesting registration submits the secured transaction document along with the Application for Registration.

c) The Application for Registration only requires a signature and stamp (if applicable) from the secured party or the person authorized by the secured party to request registration in cases where the request is to change the registered content regarding the secured party, to correct errors about the secured party, to register a notification document regarding the disposal of secured assets, or to cancel the registration of the secured transaction.

10. Cases of Refusal to Register and Refusal to Provide Information

10.1. The Registration Center refuses to register when there is one of the following grounds:

a) The Application for Registration is not valid;

b) When it is discovered that the Application for Registration duplicates a previously received application;

c) The declaration regarding the content already registered in the Application for Registration to change the registered content, the Application for Correction of Errors, the Application for Registration of Extension, the Application for Registration of Notification Documents on the Disposal of Secured Assets, or the Application for Cancellation of Registration does not match the information retained at the Registration Center;

d) The Application for Registration sent via fax, but the person requesting registration is not a regular customer of the Registration Center;

đ) Requests to change the registered content, requests to correct errors, requests for registration of extension, requests to register notification documents on the disposal of secured assets for a secured transaction that has been canceled;

e) The request to register a secured transaction is not within the jurisdiction of the Registration Center as stipulated in Clause 2, Section I of this Circular;

g) The person requesting registration does not pay the registration fee.

10.2. The Registration Center refuses to provide information on secured transactions when there is one of the following grounds:

a) The Application for Provision of Information is not valid;

An invalid Application for Provision of Information is an application that does not contain all the required declarations according to the form issued together with this Circular;

b) The Application for Provision of Information sent via fax, but the applicant is not a regular customer of the Registration Center;

c) The person requesting information does not pay the information provision fee.

11. Methods of Submitting Applications for Registration, Applications for Provision of Information, Registration Fees, and Information Provision Fees

11.1. The person requesting registration, the person requesting information provision submits applications through one of the following methods:

a) Submitting the application directly at the Registration Center;

b) Sending the application through postal service;

c) Sending the application via fax. The sending of applications via fax is only applicable to organizations and individuals who are regular customers of the Registration Center.

For applications with relatively long content, the person requesting registration may simultaneously send an electronic copy of the Application for Registration along with the submission of the application through the aforementioned methods.

11.2. The person requesting registration, the person requesting information provision pays the registration fee and information provision fee through one of the following methods:

a) Paying directly at the Registration Center when the Application for Registration, Application for Provision of Information is accepted by the Registration Center;

b) Transferring money through postal service transfer services and submitting the payment receipt when submitting the Application for Registration, Application for Provision of Information;

c) Transferring money into the account of the Registration Center receiving the application and submitting the confirmation document of the bank transfer when submitting the Application for Registration, Application for Provision of Information;

d) Paying through collection or payment mandate through banks or State Treasury or from the advance payment deposited in the account of the Registration Center, if the person requesting registration, the person requesting information provision is a regular customer of the Registration Center.

In the case of payment through collection or payment mandate, the payment of the registration fee and information provision fee is carried out according to the monthly payment notice of the Registration Center. Regular customers must pay the full registration fee and information provision fee by the 25th day of the following month at the latest.

12. Regular Customers of the Registration Center

12.1. If an organization or individual wishes to become a regular customer of the Registration Center, they submit the following documents to the National Registry of Secured Transactions under the Ministry of Justice (hereinafter referred to as the Registry):

a) The Application for Registration as a Regular Customer according to the form issued together with this Circular;

b) The original document determining the legal status of the person requesting registration as guided in Clause 9, Section I of this Circular or submit a certified copy of the document issued by the issuing authority or notarized by the People's Committee of the commune or notarized; in case of direct submission, only presenting the original document determining the legal status is required.

12.2. The Registry examines and decides to recognize the status of a regular customer of the person requesting registration within one working day from the date of receipt of a valid regular customer registration application and issues a Customer Code for transactions with the Registration Center and declaration when requesting registration and providing information.

12.3. The Registry refuses the application for registration as a regular customer when the application for registration is not valid.

12.4. An organization has the right to request registration and provision of information as a regular customer from the time the Registry decides to recognize the status of a regular customer of that organization.

An individual has the right to request registration and provision of information as a regular customer from the time they have fully paid the advance payment into the account of the Registration Center, at the chosen registration transaction guarantee location, and request for information provision.

12.5. Regular customers must perform registration changes in cases where the name, legal status identification documents of regular customers, or other registered information have changed or there were errors in declaration. The application file for registration change includes:

a) A request form for changing information about regular customers;

b) Documents specified in point 12.1.b of this clause to prove the change or error in declaration.

13. Time limit for processing registration

The Registration Center is responsible for processing the registration immediately upon receipt of the application or on the same working day; if the Registration Center receives the application after three (03) o'clock in the afternoon, then the registration processing will be completed on the following working day. In case the processing time needs to be extended, it shall not exceed three (03) working days from the date of receipt of the valid registration application.

II. PROCEDURE AND REGULATIONS FOR TRANSACTION GUARANTEE REGISTRATION

1. The person requesting registration submits the Application for Transaction Guarantee Registration and registration fee according to one of the methods stipulated in Clause 11, Section I of this Circular.

2. After receiving the application for registration, the Registration Officer checks and records the time of receipt (hour, minute, day, month, year), provided that the application for registration does not fall under any of the refusal-to-register cases specified in point 10.1 of Clause 10, Section I of this Circular. If the application is submitted directly at the Registration Center, the Registration Officer issues a notice of result delivery to the applicant, except when the application is processed immediately.

If any of the grounds specified in point 10.1 of Clause 10, Section I of this Circular exist, the Registration Officer refuses the registration and guides the applicant to comply with the relevant regulations. The refusal to register must be documented in writing and sent to the applicant, clearly stating the reasons for refusal.

3. The Registration Officer must promptly enter the declared contents in the application for registration into the Data System. Within the time limit for processing registration as stipulated in Clause 13, Section I of this Circular, the Registration Officer sends a certified copy of the application for registration to the applicant.

4. In case an individual or organization requests registration and simultaneously requests information in the form of a list of transaction guarantees or a consolidated information document on transaction guarantees, the Registration Officer provides information according to the guidelines in Section IX of this Circular. The information-provision document is sent along with a certified copy of the application for registration. The applicant must pay the information-provision fee as prescribed by the Ministry of Finance and the Ministry of Justice.

5. A certified copy of the Application for Transaction Guarantee Registration is handed over directly at the Registration Center where the application was received, or sent through a guaranteed postal service, depending on the applicant's request.

III. PROCEDURE AND REGULATIONS FOR CHANGING CONTENTS OF REGISTERED TRANSACTION GUARANTEES

REGISTERED SECURITY TRANSACTIONS

1. Within the validity period of the registration, the person requesting registration submits an Application for Changing Contents of Registered Transaction Guarantees when any of the following grounds exist:

a) Change in the name or number of legal status identification documents of the guarantor or the beneficiary;

b) Change in the guarantor or the beneficiary; change in the address of one or more parties;

c) Reduction, replacement, or addition of collateral;

d) Change in the order of priority in settlement when disposing of collateral;

đ) Change in other registered contents.

2. The submission of the application for changing registration and the registration change fee is carried out according to one of the methods stipulated in Clause 11, Section I of this Circular.

3. After receiving the application for changing registration, the Registration Officer performs tasks as prescribed in Clause 2, Section II of this Circular.

4. The Registration Officer must promptly enter the declared contents in the application for changing registration into the Data System. Within the time limit for processing registration as stipulated in Clause 13, Section I of this Circular, the Registration Officer sends a certified copy of the application for changing registration to the applicant. In case the application for changing registration only bears the signature and seal (if any) of the guarantor or the person authorized by the guarantor as guided in point 9.7.b of Clause 9, Section I of this Circular, the Registration Officer sends one (01) copy of the aforementioned application to the beneficiary.

Issuing a certified copy of the application for changing registration is carried out according to one of the methods prescribed in Clause 5, Section II of this Circular.

IV. PROCEDURE AND REGULATIONS FOR EXTENDING REGISTRATION

1. Within the validity period of the transaction guarantee registration, if an extension is required, the person requesting registration submits an Application for Extending Transaction Guarantee Registration to the Registration Center for registration.

2. The submission of the application for extending registration and the registration extension fee is carried out according to one of the methods stipulated in Clause 11, Section I of this Circular.

3. After receiving the application for extending registration, the Registration Officer performs tasks as prescribed in Clause 2, Section II of this Circular.

4. The Registration Officer must promptly enter the declared contents in the application for extending registration into the Data System. Within the time limit for processing registration as stipulated in Clause 13, Section I of this Circular, the Registration Officer sends a certified copy of the application for extending registration to the applicant. In case the applicant for extending registration is the beneficiary or the person authorized by the beneficiary, the Registration Officer sends one (01) copy of the aforementioned application to the guarantor.

Issuing a certified copy of the application for extending transaction guarantee registration is carried out according to one of the methods prescribed in Clause 5, Section II of this Circular.

V. PROCEDURE AND REGULATIONS FOR CORRECTING ERRORS

1. In case the person requesting registration discovers errors in the application form, they shall submit an application for correction of errors and the fee for correcting errors according to one of the methods specified in Clause 11, Section I of this Circular.

2. After receiving the application for correction of errors, the Registration Officer shall perform the tasks as prescribed in Clause 2, Section II of this Circular.

3. The Registration Officer must promptly enter the contents declared in the application for correction of errors into the Database System. Within the time limit for correcting errors as stipulated in Clause 13, Section I of this Circular, the Registration Officer shall send a certified copy of the application for correction to the person requesting registration.

Issuing a certified copy of the application with corrections shall be carried out according to one of the methods prescribed in Clause 5, Section II of this Circular.

4. If the Registration Officer discovers errors in the Database System due to their own fault, they must promptly report to the Director of the Registration Center for review and decision on amending the information, and send a notification regarding the amendment of that information to the person requesting registration.

VI. PROCEDURES AND FORMALITIES FOR DELETING REGISTRATION

1. Before the deadline for registration expires, the person requesting registration shall submit an application for deletion of registration in the following cases:

a) The secured obligation has been fulfilled;

b) The security transaction has been canceled or replaced by another security transaction;

c) The secured asset has been disposed of;

d) By agreement among the parties.

2. The submission of an application for deletion of registration shall be carried out according to the provisions at Point 11.1, Clause 11, Section I of this Circular. The registration of the security transaction ceases to be effective from the moment the registration authority receives a valid application for deletion of the security transaction registration.

The person requesting deletion of registration does not have to pay the fee.

3. After receiving the application for deletion of registration, the Registration Officer shall perform the tasks as prescribed in Clause 2, Section II of this Circular.

4. Within the time limit for processing the registration as stipulated in Clause 13, Section I of this Circular, the Registration Officer shall send a certified copy of the application for deletion of registration to the person requesting registration. In case the person requesting deletion of registration is the guarantor or authorized by the guarantor, the Registration Officer shall send a certified copy of the application for deletion of registration to the creditor.

Issuing a certified copy of the application for deletion of security transaction registration shall be carried out according to one of the methods prescribed in Clause 5, Section II of this Circular.

5. When the validity period of the registration expires and the person requesting registration has not submitted an application for deletion of security transaction registration or an application for extension of the security transaction registration, the Registration Center will automatically delete the registration.

VII. PROCEDURES AND FORMALITIES FOR REGISTERING NOTICES ON THE DISPOSITION OF SECURED ASSETS

1. The submission of an application for registration of notices on the disposition of secured assets and the registration fee shall be carried out according to one of the methods specified in Clause 11, Section I of this Circular.

2. After receiving the application for registration, the Registration Officer shall perform the tasks as prescribed in Clause 2, Section II of this Circular.

3. Within the time limit for processing the registration as stipulated in Clause 13, Section I of this Circular, the Registration Officer shall send a certified copy of the application for registration of notices on the disposition of secured assets to the person requesting registration.

Sending a certified copy of the application for registration of notices on the disposition of secured assets issued by the Registration Center shall be carried out according to one of the methods prescribed in Clause 5, Section II of this Circular.

4. The Registration Center must promptly notify the creditors concerned (if any) about the disposition of the guarantor's assets at the address declared when requesting registration of the security transaction.

5. Based on the scope of the secured assets that have been disposed of, the relevant parties shall register changes to the content of the registered security transaction (reducing the secured assets) according to the guidelines in Section III of this Circular or carry out the deletion of the security transaction registration according to the guidelines in Section VI of this Circular.

VIII. ISSUANCE OF CERTIFIED COPIES OF APPLICATIONS BY THE REGISTRATION CENTER

1. Organizations and individuals requesting issuance of certified copies of applications by the Registration Center must submit an application according to one of the methods specified in Clause 11, Section I of this Circular to the Registration Center where the certification was performed.

2. The person requesting issuance of a certified copy must pay the fee for issuing a certified copy according to the fee prescribed by law.

3. Within the time limit for processing the registration as stipulated in Clause 13, Section I of this Circular, the Registration Officer shall issue a certified copy of the application by the Registration Center to organizations and individuals who have requested it.

Issuance of certified copies shall be carried out according to one of the methods prescribed in Clause 5, Section II of this Circular.

IX. PROCEDURES AND FORMALITIES FOR PROVIDING INFORMATION ON SECURITY TRANSACTIONS

1. Organizations and individuals have the right to request provision of information on security transactions that have been registered and stored in the National Database of Security Transactions in the following forms:

a) List of security transactions (by name of guarantor): including information on the creditor, the date of registration of the security transaction, and the validity period of the registration for ongoing security transactions at the time of the information request (if applicable).

b) Summary document containing information on security transactions (by name of guarantor): including the information mentioned in point a of this clause and any amendments, supplements, corrections to the registered content, and registered secured assets (if applicable).

2. The person requesting information shall submit an application for provision of information and the information provision fee to the Registration Center. The submission of the application for provision of information and the payment of the information provision fee shall be carried out according to one of the methods specified in Clause 11, Section I of this Circular.

a) List of security transactions (by the name of the secured party): including information on the secured creditor, the registration date of the security transaction, and the duration of the registration's validity for ongoing registered security transactions at the time of the information request (if applicable).

b) Consolidated document containing information on security transactions (by the name of the secured party): including the information specified in point a of this clause and any amendments, supplements, corrections to the registered content, and registered collateral (if applicable).

2. The person requesting information submits a request for information provision and the information provision fee to the Registration Center. The submission of the request for information provision and the information provision fee shall be carried out in accordance with one of the methods stipulated in Clause 11, Section I of this Circular.

Where there are grounds to refuse to provide information as stipulated in Point 10.2, Clause 10, Section I of this Circular, the Registration Officer shall refuse to provide the information and guide the person requesting the information to comply with the relevant legal provisions. The act of refusing to provide information shall be carried out in accordance with the guidelines for drafting refusal documents for security transaction registration requests as provided for in Clause 2, Section II of this Circular.

3. The Registration Center shall issue a Catalogue or a consolidated document containing information on security transactions to the person requesting such information immediately upon receipt of the request form or on the same day of receipt of the request form; in cases where the Registration Center receives a request for information after three (03) o'clock in the afternoon, the provision of information shall be carried out on the next working day.

The issuance of a Catalogue or a consolidated document containing information on security transactions shall be conducted in accordance with one of the methods specified in Clause 5, Section II of this Circular.

X. IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. This Circular replaces Circular No. 01/2002/TT-BTP dated January 9, 2002 of the Ministry of Justice guiding certain issues regarding the authority, procedures, and formalities for registering and providing information on security transactions at the National Security Transaction Registration Agency under the Ministry of Justice and its Branches.

3. Collateral and guarantee transactions registered before the effective date of this Circular shall remain valid according to the legal provisions on security transaction registration and shall not need to be re-registered in accordance with this Circular.

For collateral and guarantee transactions within the registration authority of the Registration Centers prior to the effective date of this Circular, which still have remaining terms but have not been registered, they shall be registered in the form of mortgage in accordance with this Circular. The parties do not need to re-establish the collateral agreement or the guarantee agreement into a mortgage agreement, except in cases where there are other agreements.

4. Attached to this Circular are the forms to be used in the registration and provision of information on security transactions at the Registration Centers.

5. During the implementation process, if there are difficulties or obstacles, individuals and organizations are requested to promptly report them to the Ministry of Justice for study and resolution./.